Hi Friends
We have outsourced the housekeeping to a contractor. Can a person who has completed 240 days or over a 1 yr. claim permanent employment with the principal employer.
Can persons working for a contractor form a union and pressurise the principal employer to take them on their rolls.
What are the formalities required to be done when taking a contractor. We have 3-4 contractors for different jobs in our organisation.
From India, Mumbai
We have outsourced the housekeeping to a contractor. Can a person who has completed 240 days or over a 1 yr. claim permanent employment with the principal employer.
Can persons working for a contractor form a union and pressurise the principal employer to take them on their rolls.
What are the formalities required to be done when taking a contractor. We have 3-4 contractors for different jobs in our organisation.
From India, Mumbai
1
Dear Arnold
For these type of queries regarding contract labours govt. formed a Act i.e. Contract Labour (Regulation & Abolition) Act, 1970.
My advise is to bring all your contractors under umbrella of Contract Labour (Regulation & Abolition) Act, 1970 then you will never face these type of problems.
Regards
Manoj prasad
9311449028
From India, Mumbai
For these type of queries regarding contract labours govt. formed a Act i.e. Contract Labour (Regulation & Abolition) Act, 1970.
My advise is to bring all your contractors under umbrella of Contract Labour (Regulation & Abolition) Act, 1970 then you will never face these type of problems.
Regards
Manoj prasad
9311449028
From India, Mumbai
Dear
Please see the SAIL judgment .It will give you the answers.After this judgment contract labour claiming permanency can be only through the Industrial Adjudication process which is long drawn and the Industrial Adjudicator will apply the SAIL verdict test and then decide the claim for permanency.
rajanassociates
Pls see https://www.citehr.com/285737-legal-...#ixzz1WaYS87F2
From India, Bangalore
Please see the SAIL judgment .It will give you the answers.After this judgment contract labour claiming permanency can be only through the Industrial Adjudication process which is long drawn and the Industrial Adjudicator will apply the SAIL verdict test and then decide the claim for permanency.
rajanassociates
Pls see https://www.citehr.com/285737-legal-...#ixzz1WaYS87F2
From India, Bangalore
If the contract is genuine and not sham, then the employees engaged through a contractor can not claim permanency under any circumstance. On the other hand, if the contract is sham or just for a name sake and the entire decisions relating to the contract labour, like their wage fixation, selection, disciplinary action against them, are taken by the principal employer, then the contract employees can claim permanency, of course, as advised by rajan associates, through the Tribunal.
The contract workers can form trade union but their bargaining will be with the contractor only and the principal employer should not interfere in it. If the Union pressurize the principal employer on any matter, the same should be addressed immediately with the intervention of Labour department or other dispute reddressal machinery.
Regards,
Madhu.T.K
From India, Kannur
The contract workers can form trade union but their bargaining will be with the contractor only and the principal employer should not interfere in it. If the Union pressurize the principal employer on any matter, the same should be addressed immediately with the intervention of Labour department or other dispute reddressal machinery.
Regards,
Madhu.T.K
From India, Kannur
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip